Digest of COSHAB-ALJ's decision dated October 13, 1977, Docket No. 77-R2D6-072. H. W. Sherbourne, Administrative Law Judge.
For App: Richard Brophy, Attorney at Law. For DIS: John V.Gates, CSE.
Burden of Proof, on Division, Prima Facie Case. The Division's case against the Appellant was dismissed.
"The Division has the burden of proof to establish a violation of the safety orders and employee exposure. In this case, the investigation was made after the accident. The Division did not present any eyewitness to said violation or accident. The best evidence offered concerning a possible violation was that it saw a (portable sand shaker) machine that
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